Blog | North Coast Patrol

April 28, 2018 By Gary Rice 4 Comments

Demystifying California Towing Laws

For many of our customers, especially those of common interest developments, apartment complexes and businesses, parking issues rank as one of the top headaches and problems to contend with. However, when considering towing actions as a remedy, many of our customers become nervous at that prospect. And that’s totally understandable. Towing someone’s vehicle is one of the most invasive actions one can take, not to mention the costs the owner of the vehicle incurs as a result. Towing should always be a last result; however, without towing as a final ring in the enforcement protocol, your parking policy will likely never have the teeth or legitimacy it commands.

Luckily, California’s Vehicle Code heavily regulates private property impounds. There are a number of hoops that need to be negotiated before a private property impound can legally take place. Those hoops are not imposing, and not meant to intimidate a community or business from towing vehicles that violate parking regulations; rather, they are present to protect both the owner of the property and the owner of the vehicle who is purportedly in violation.

What provisions must be in place before a vehicle can be removed from private property?

In addition to the authority your CC&R’s and/or Parking Regulations provide in regards to enforcing parking violations in your community or business, the California Vehicle Code (22658a) allows towing on private property to occur in any of the following circumstances:

Signage is posted at each entrance, adhering to specific size requirements, that public parking is forbidden and unauthorized vehicles will be towed away. In this scenario, the owner of the property will have a written general towing agreement with a towing company, and the signage must contain the towing company and local law enforcement contact information. (22658(a)(1) CVC); OR,
A vehicle has been given a notice of parking violation, and 96 hours have elapsed since the notice was issued. (22658(a)(2) CVC). This means that the owner or owner’s agent of the property may place a warning or tow notice on the vehicle in question, articulate the parking violation, and wait 96 hours from the date and time that the vehicle was ticketed. If the vehicle remains in violation after the 96 hours have elapsed, it can legally be towed; OR,
The vehicle in question lacks an engine, transmission, tires, or any other component that would make it unsafe to drive on a public road or highway, and law enforcement has been notified 24-hours prior to the towing action. (22658(a)(3) CVC)

Take note that a vehicle can be towed under ANY one of the aforementioned circumstances. Many mistakenly interpret the Vehicle Code to require all of those elements to be in place before a vehicle can be removed from private property.

Who must be present when a vehicle is being towed from private property?

The owner or owner’s agent of the property must be present to verify the parking violation and authorize and sign for the towing action. (22658(l)(1)(A) CVC). This means that if you employ a security/parking monitoring service, they can function as an agent for your property and sign for the tow on your behalf. This is beneficial so owners, managers, or board members are not personally involved in towing actions that can sometimes be confrontational and dangerous.

What if the owner of the vehicle comes out while the vehicle is in the process of being hooked up to the tow truck?

Upon the request of the owner of the vehicle or the owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit. (22658(g)(1)(B) CVC). Prior to the towing laws being reformed several years ago, tow truck drivers were able to charge a “drop fee” before they would release a vehicle that had already been hooked and still on the property to its owner. Today, towing agencies can no longer mandate a drop fee to release a vehicle. Notwithstanding, a towing agency may still impose a fee to the vehicle’s owner and pursue its collection by other means.
A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. (22658(h) CVC)

Note: The Vehicle Code is silent as to how the towing company can collect the charges associated with releasing a vehicle in the process of being towed; rather, it just mentions the towing company MAY attempt to do so.

What if the vehicle is damaged while it is in the process of being towed?

The Vehicle Code requires the towing company to be responsible for damages made to any vehicle that is being towed from private property (22658(f)(1) CVC)

What are the specific towing sign requirements?

When towing a vehicle in accordance with 22658(a)(1), the Vehicle Code requires towing signs at each entrance to be, “not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.”

General Towing Authorizations

The Vehicle Code in California allows for owners of private property to enter into General Towing Authorizations with towing companies. These agreements permit a towing agency to randomly patrol the property and tow, at its agents’ discretion, any vehicles that are parked in designated fire lanes, in front of fire hydrants, or vehicles that interfere with ingress/egress to and from the property. Entering into these types of agreements permits a towing agency to tow without the owners’ specific authorization.

Many of our customers often elect not to participate in such agreements; rather, they only authorize property owners, managers, board members or their contracted security service to authorize such towing actions.

Before signing any towing agreements, ensure you have a clear understanding as to the circumstances in which the tow company may enter your property and tow a vehicle. Read the entire document before signing.

Note: If you, as a property owner or agent of a property, including boards of directors, allow discretionary towing by a towing agency without having an active, written towing agreement with that tow agency, you and your property’s agents can be prosecuted for a misdemeanor and be liable for fines up to $2,500 and imprisonment up to three (3) months in the county jail.

Dispelling False Notions

We often receive reviews, comments and accusations that security companies are in cahoots with towing companies and receive kickbacks for providing towing opportunities to them. Due to California’s stringent regulation of towing and penalties for misconduct, such arrangements are virtually nonexistent since the laws were reformed. Our company, North Coast Patrol, has been in business for almost 20 years and has never taken a kickback or had any formal or informal agreements for kickbacks for towing actions we have authorized on our customers’ behalf.

Conclusion

Employing towing into your enforcement protocol will in most cases strengthen the legitimacy of your parking policy. Parking policies that work the best are those that aren’t overly complicated and burdensome to enforce. When crafting a policy, be thoughtful, be reasonable, and keep it simple.

ADVISORY

This website is not intended to be, and you should not rely on any materials on this blog as, a source of legal advice. Postings to this web site have been prepared for informational purposes only. If you have specific legal questions, please pose them to your attorney.

February 7, 2017 By Gary Rice Leave a Comment

Are Camera Systems the Right Solution?

About 10 years ago, one of our customers was experiencing chronic burglaries in their RV lot that continued for approximately six solid months. They eventually advised me that they had decided to invest in a $30,000 camera system in hopes that it would be the answer to their problem. The system was installed and, indeed, the cameras were able to capture on multiple occasions individuals breaking into various motor homes and other recreational vehicles. Unfortunately, the resolution and range of the cameras were inadequate; they failed to provide images that could be readily used by our office and local law enforcement to aid in identifying the actual criminals. The customer spent $30,000 on camera systems that provided no usable benefit to the community.

Customers often ask me if cameras can be a worthwhile tool to supplement their existing security measures. I typically respond by asking, “What benefits are you expecting them to add?” Depending on their answer, I’ll usually recommend either 1) A proactive system, or 2) a reactive system.

Proactive Camera Systems

A proactive camera system is constantly monitored by a service (typically under contract) to determine whether a live, captured image or video activation is one worthy of dispatching law enforcement or security personnel. We often see these types of systems deployed in pool facilities that are prone to vandalism and after-hours use, parking garages, and other amenities that have historic vulnerability to malicious activity. When properly functional, these systems have proven to be a great asset to our communities and businesses that we service since they address concerning behavior as its occurring.

Reactive Camera Systems

A reactive camera system is one where video and/or images are recorded and stored on a DVR or hard disk for later retrieval. These systems can be useful when trying to put puzzle pieces together after an incident occurs, for gathering evidence to settle disputes, or to provide to law enforcement for investigation purposes. Unlike proactive systems, they are not useful for preventing crime as it is occurring. Notwithstanding, their role and usefulness can’t be underestimated; they can certainly prove to be valuable for customers with limited budgets, and for those that do not have chronic incidents that require a proactive system. Their range and resolution should be considered prior to purchasing.

Of course, security solutions work best with layering. In other words, don’t just rely on one measure to address yours safety and security needs; rather, employing multiple measures in concert with each other makes for a more robust armor that will set you apart from others. Camera systems, security patrol services, electronic/fob locking systems, etc, when within budget, will certainly characterize you, your community or business in the criminal world as the place to avoid.

Security Assessment Consultation

At NCP, we are here for you! We offer free security consultations and assessments. If you’d like to discuss further, to identify your vulnerabilities, or just have a meaningful dialogue about what might be your best options in establishing a more comprehensive security solution, please don’t hesitate to contact us.

December 18, 2016 By Gary Rice 1 Comment

Holiday Safety Tips You Should Consider

Did you know that the Grinch isn’t a fictional character? He’s already out in full force this holiday season (yes, even before Black Friday). Many of us can become victims due to apathy. Individuals with the “It will never happen to me” rationale will sooner or later lead them to trouble. However, by following some basic security measures, trouble can be avoided:

Be constantly aware of your surroundings and valuables. Do not set your wallet, purse, or purchases on tables, counter tops or other surfaces outside of your immediate reach.
Park in well-lit areas of parking lots, in close proximity to store entrances as possible.
If you are leaving a shopping center at night, ask for an escort to your vehicle. Employees or security personnel are typically available to provide such services upon request.
When leaving valuables in your car, secure purchases or other items in your trunk, or under a blanket so out of plain view.
With the hustle and bustle of shopping mania, maintaining close awareness of your children can be even more challenging and requires more situational surveillance of surroundings.

At Home Holiday Safety Tips

Keep presents/gifts out of sight of open-view windows.
Ensure that boxes, especially those that housed electronic equipment, are broken down and placed out of view when disposing them. The key here is not advertising to passersby what new goodies you have in the house.
Visiting the Electrical Safety Foundation’s website that provides a plethora of advice and tips on ensuring you don’t fall victim to fire and other hazards.

Of course, common sense and heightened vigilance go a long way in battling the criminal element. By considering these holiday safety tips, although they don’t represent an exhaustive list, you’ve taken a crucial step in ensuring you have a wonderful holiday.

October 21, 2016 By Gary Rice Leave a Comment

Community Halloween Safety Tips

Halloween can be a fun and exciting evening for many children (and even some of you adults). Nevertheless, before donning your favorite costume, consider some of these Halloween safety tips to ensure your evening isn’t tainted by the criminal element that use the day as opportunity to engage in crime against both property and persons.

Community Pools & Recreational Areas

Consider securing all pool, recreational and common areas early, before sundown. Doing so prevents potential tricksters and vandals from causing property damage.

Use a Security System

It is a good idea to have a home security system set up before Halloween arrives. This will alert authorities if someone tries to enter the residence when the owners are away. If a homeowner does not have the money to purchase an alarm system, they can still trick thieves into thinking one is arming the home. They can simply place some security system stickers on the front door of their home and place a yard sign indicating the home is protected as well. A thief will not know if the information is true or not, probably causing them to move on to another target rather than taking a chance. Placing a security camera in view of the doorway will also keep potential burglars from trying to steal from the home. A decoy camera can be used if there is no time or money to purchase a new one before the holiday.

Leave Lights Lit

When someone leaves their home to trick-or-treat themselves, it is important that lights are left on during this time. One of the greatest Halloween Home Security steps in keeping a home lit rather than vulnerable with a darkened appearance. Many will shut off lights so trick-or-treaters do not stop by their home to try to get candy. While this is favorable to the children out on the streets, it is also favorable to those robbing homes. It is best to keep the lights on and place a bowl of goodies out on the porch for those trick-or-treating. A sign should be placed near the bowl indicating there is a security camera hidden so children should be respectful in how many pieces of candy they take. This will not only stop children from taking too much at one time but will also alert any thieves in costume that a camera may catch them in action if they try to get inside while no one is at home.

Be Seen

When you and your fellow ghosts and goblins are out trick-or-treating, consider applying reflective tape to costumes and bags. Give your children glow sticks or flashlights to carry so they can easily be seen by vehicles.

The rule of thumb is that children under the age of 13 should not be trick-or-treating without adult supervision. An adult presence can prevent poor judgment being exercised by those not mature enough to handle unforeseen circumstances on such a night that has potential to be high in pedestrian and vehicle traffic. If adult supervision is not possible, unsupervised children should always use the buddy system.

Secure Those Pumpkins

Once the Halloween festivities are over, consider removing your pumpkins from your front porch, driveway, etc. Doing so will prevent them from being potentially smashed by vandals engaged in late night pranks.

Of course, this is not an exhaustive list of safety tips, but they are a good start for your consideration in ensuring your Halloween evening is enjoyable.

What Are Your Halloween Safety Tips?

Leave us a comment below with your additional Halloween safety tips!

September 29, 2016 By Gary Rice Leave a Comment

Prevent Vehicle Burglary with Technology and Common Sense

California has one of the highest rates of Vehicle Burglary in the nation. In 2014, the FBI’s Uniform Crime Report listed the state third in auto thefts, with only the District of Columbia and Washington state ranking higher. Though the San Diego region has fewer car burglaries than San Francisco, Bakersfield, and other California cities, its abundance of luxury and high-performance vehicles make it an attractive area for car thieves. With today’s new technologies and a little common sense, you can greatly reduce your risk of a carjacking or theft.

Don’t Make Your Vehicle a Criminal Magnet

Regardless of where you live, you should always keep car doors locked and windows secured. Many homeowners mistakenly think their car is safe from Vehicle Theft while parked in the driveway. While at work, shopping or a night out in the Gaslamp Quarter, park in spaces that are well-lit and as close to your destination as possible.

Although it can be frustrating to lose your keys, never attempt to store a spare set on your vehicle. Experienced auto thieves know where to look. It’s better to have a family member bring your spare keys than to discover your secret hiding spot wasn’t too reliable.

In public parking areas, store valuable items in the trunk instead of under the seat. Draping a jacket or blanket over passenger seat items is an open invitation to thieves. On hot, sunny days, remember to close the sunroof.

Popular Vehicle Burglary Prevention Devices

Newer and prestigious vehicles have a much greater chance of being stolen, so it’s essential to take additional precautions. A car alarm is ideal for creating an unwanted disturbance, especially in densely populated areas. The only downside is they are highly sensitive. Frequently activated car alarms can cause people to ignore their warning.

A brake lock and steering wheel bar are two inexpensive ways to prevent Car Theft. Though both can be cut off, that involves extra time which can deter burglars. Another effective mechanism car thieves hate is a kill switch. It works by cutting off the electrical system or fuel supply when attempting to start the vehicle without a key.

When all other methods have failed, a tracking device with GPS technology can quickly locate your stolen auto. Some tracking services can even disable the car remotely when they detect a Vehicle Burglary. Although this service can be expensive, it provides additional reassurance to car owners.